Shivballabh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.552 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- JANKINAGAR District- Purnia ====================================================== Shivballabh Yadav, age about 39 years, sex-Male, son of Late Thakur Yadav resident of Village- Binowagram, Laljee Mandal Tola, Ward No. 8, Police Station- Jankinagar, District- Purnea.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Prasad, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 419 and 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act registered in connection with Jankinagar P.S. Case No. 171 of 2018.
3. It is submitted that the petitioner has been falsely implicated in connection with seizure of 37.50 quintals of rice seized from the godown of the petitioner on the accusation that the same was subsidized rice. It is submitted that the petitioner himself is a farmer having 3 acres of agricultural land and also runs a retail price shop for sale and purchase of rice from the farmer. It is submitted that there is no material against the petitioner to support the accusation that the rice in question was subsidized rice. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court Cr.Misc. No.552 of 2019(2) dt.31-01-2019 2/2 with two sureties of like amount each to the satisfaction of Mr. D. Prakash, learned Judicial Magistrate, 1st Class, Purnea in connection with Jankinagar P.S. Case No. 171 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
BT/Chandran (Vikash Jain, J) U T